Special Immigrant Juvenile Status: Does It Exist in Pennsylvania?
I think we are all starting to see how this piece of federal legislation has caused a headache for state courts. While state court judges are not actually making immigration determinations, they are being asked to make all of the factual determinations underlying an immigration decision and, with a number of judges, that does not sit well.
November 28, 2023 at 11:23 AM
10 minute read
Family LawLike many of us, I try to review recent appellate decisions, particularly those originating in counties where I practice. When four Superior Court opinions in similar cases from two of the counties where I focus my practice appeared in little over nine months, I more than took notice. The topic is something I was familiar with as a former county Children, Youth & Families (CYF) solicitor; a topic that has been receiving more attention in the last few years. That topic is directly tied to the national immigration policy, so once again, family law is on the front lines. What I am talking about is the concept known as special immigrant juvenile (SIJ) status. The SIJ statute is found at 8 USCA Section 1101(a)(27)(J) and provides that a qualifying juvenile may apply for lawful permanent residency and spared from possible deportation. See Yeboah v. U.S. Deptartment of Justice, 345 F.3rd 216, 221 (3rd Cir. 2003). Paraphrasing the SIJ statute, a qualifying juvenile is one who has been declared dependent by a state juvenile court, or which a state court has legally committed to or placed in the custody of an agency or individual. Reunification of the juvenile with one or both parents is not viable due to abuse, neglect, abandonment, or similar basis as defined by state law. Furthermore, a state court needs to have determined that it would not be in the juvenile's best interest to be returned to the juvenile's or the parent's home country.
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